Law on Mass Media and Communication First Exercise 10 points with Bonus for an additional 10 points Deadline Sept. 4 Wednesday at 5pm (to give the handling faculty time to check the entries)
The FIRST EXERCISE of the Law on Mass Media and Communication with deadline on Wednesday at 5pm September 4, 2019 (to give the handling faculty time to check the entries) can be posted here (in the comments section). Class members may also submit a bonus post IN ADDITION to the regular post, with the same deadline (the bonus post should be separated: open a separate comment box , and indicate “BONUS” for ease of recording the points). In order to be fair to class members who work hard, any late post (or posts submitted after 5pm Wednesday Sept. 4) will be considered “forfeit” or for zero points.
The constitutional provision or principle being illustrated should be spelled out in the heading (constitutional provisions and principles that form part of the as the “Introduction to the Constitution” section of the course). The description and required content of the first exercise and the bonus post have been stated in class and in the syllabus.
marichulambino.com 
Article 6, Section 27 of the 1987 Philippine Constitution
Duterte vetoed an act prohibiting labor-only contracting
Last July 25, 2019, President Rodrigo Duterte vetoed the security of tenure bill which aims to end the exercise of labor-only contracting .
Source:
https://newsinfo.inquirer.net/1146482/duterte-vetoes-security-of-tenure-bill
This echoed the power of the president given to him by the constitution. According to Art. 6, section 27 of the Philippine Constitution, before a bill becomes a law, the congress must be presented to the president for his approval and signature. If the president does not approve the bill, “he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it.”
No one could argue on this power as the constitution serves as the fundamental law of the land.
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Article 6, Section 27 of the 1987 Philippine Constitution
Duterte vetoed an act prohibiting labor-only contracting
Last July 25, 2019, President Rodrigo Duterte vetoed the security of tenure bill which aims to end the exercise of labor-only contracting .
Source:
https://newsinfo.inquirer.net/1146482/duterte-vetoes-security-of-tenure-bill
This echoed the power of the president given to him by the constitution. According to Art. 6, section 27 of the Philippine Constitution, before a bill becomes a law, the congress must be presented to the president for his approval and signature. If the president does not approve the bill, “he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it.”
No one could argue on this power as the constitution serves as the fundamental law of the land.
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BONUS: Article 12, Section 2 of the 1987 Philippine Constitution
Duterte: EEZ provision in PH Constitution for the ‘senseless, thoughtless’
Source: https://newsinfo.inquirer.net/1134971/duterte-eez-provision-in-ph-constitution-for-the-senseless-thoughtless
In this article run by inquirer.net, President Duterte belittled the constitution by saying that the provision on the Consitution for the Exclusive Economic Zone is “senseless and thoughtless.” He argued that China won’t honor the provision. The problem highlighted is the fishing of Chinese fishermen in the Philippine EEZ.
But Duterte cannot argue this because as the leader of the state, he has responsibilities and it includes the protection of the country’s marine wealth. Section 2, article 12 of the Philippine Constitution states that “The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.”
The constitution is the fundamental law of the land and by disrespecting it also disrespects the people where the constitution derives its power from. Duterte shall fulfill his duty, respect the constitution and stay true to his promise as the country’s chief executive.
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Edited version
Article 6, Section 27 of the 1987 Philippine Constitution
Duterte vetoed an act prohibiting labor-only contracting
Last July 25, 2019, President Rodrigo Duterte vetoed the security of tenure bill which aims to end the exercise of labor-only contracting .
Source:
https://newsinfo.inquirer.net/1146482/duterte-vetoes-security-of-tenure-bill
This echoed the power of the president given to him by the constitution. According to Art. 6, section 27 of the Philippine Constitution, before a bill becomes a law, the congress must present it to the president for his approval and signature. If the president does not approve the bill, “he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it.”
No one could argue on this power as the constitution serves as the fundamental law of the land.
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Article II, Section 2, 1987 Constitution. The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
Duterte-Li meeting: PHL, China agree to maintain peace in disputed waters – 30 August 2019
Source: https://www.gmanetwork.com/news/news/nation/706382/duterte-li-meeting-phl-china-agree-to-maintain-peace-in-disputed-waters/story/?tag=westphilippinesea
The news article talked about how Chinese Premier Li Keqiang and Pres. Duterte “agreed to work together to maintain peace and stability in the South China Sea”. Because the Philippines is an important cooperation partner of China, he said that China is ready to work with the Philippines “to promote the lasting, stable and healthy development of bilateral relations and cooperation on the basis of mutual respect, equality and mutual benefit”. On the other hand, Pres. Duterte said that “the Philippines will never confront China, and is ready to work with China to push forward the negotiations”.
This illustrates the constitutional provision stated above because it can be seen that the Philippines renounces war when Pres. Duterte said that we “will never confront China”. The Philippines is also willing to cooperate with China to maintain peace in the disputed waters and to promote the bilateral relations of both countries – which shows the adherence to “the policy of peace, equality, justice, freedom, cooperation, and amity with all nations”. In addition, Pres. Duterte’s visit to China and his meeting with Chinese officials show that he wants to maintain a good relationship with China.
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BONUS: Article III, Section 2, 1987 Constitution. The right of the people to be secure in their persons, houses, papers, and effects … shall be inviolable.
Court orders Sytin arrest for bro’s slay – 30 July 2019
Source: https://news.abs-cbn.com/news/07/30/19/court-orders-sytin-arrest-for-bros-slay
The Regional Trial Court Branch 72 in Olongapo City has ordered the arrest of slain businessman Dominic Sytin’s, the founder and chief executive officer of United Auctioneers Inc. (UAI), younger brother and another suspect for his murder in November 2018. A warrant of arrest was issued against Dennis Sytin and Ryan Rementilla for murder and frustrated murder charges. Although Dennis Sytin called the charges “baseless” and claimed to be innocent, police were “looking at an alleged fight over control of shares in UAI”.
This illustrates the constitutional provision stated above because Article III, Sec. 2 states that before an arrest can be made, a warrant of arrest must first be obtained from the Court, and in this case, an arrest warrant was obtained from the Regional Trial Court first before arresting Dennis Sytin. In addition, there was probable cause for the issuance of the warrant – the alleged fight over the shares in UAI.
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ARTICLE VI, SECTION 3, 1987 CONSTITUTION: No person shall be a Senator unless he is a natural-born citizen of the Philippines, and, on the day of the election, is at least thirty-five years of age, able to read and write, a registered voter, and a resident of the Philippines for not less than two years immediately preceding the day of the election.
Grace Poe a natural-born Filipino, SC rules
SOURCE: https://newsinfo.inquirer.net/817467/grace-poe-a-natural-born-filipino-sc-rules#ixzz5yStIvz2v
VOTING 9-3, the Supreme Court en banc has upheld the decision of the Senate Electoral Tribunal (SET) declaring Sen. Grace Poe as a natural-born Filipino citizen qualified to run for public office.
The article talks about the Supreme Court sustaining the SET majority that ruled Poe as a natural-born citizen, which allowed her to retain her seat in the Philippine Senate. The Court relied on the presumption that all foundlings found in the Philippines are born to at least either a Filipino father or a Filipino mother (and are thus, natural born, unless there is substantial proof otherwise)
Thus the Article VI, Section 3 of the 1987 constitution is upheld since the high court besides stating that Poe is a natural-born Filipino citizen, she reacquired natural-born Filipino citizenship after she complied with the procedures of Republic Act No. 9225 on reacquiring Filipino citizenship following her naturalization as a citizen of the United States.
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BONUS
ARTICLE 3, SECTION 4, 1987 CONSTITUTION: No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
Freedom of expression now ‘battlefield’ in fight for human rights – Amnesty Int’l
SOURCE: https://www.rappler.com/nation/196654-freedom-expression-battlefield-fight-human-rights-amnesty-international
Jose Noel Olano, Section Director of Amnesty International Philippines, says freedom of expression is now a battlefield in fight for human rights. In the Philippines, the report highlighted President Rodrigo Duterte’s attacks against human rights activists and critics, including the media. These individuals and groups consistently monitored the administration’s actions – particularly the war on drugs.
Nonetheless, despite sustaining the Article 3, Section 4 of the 1987 constitution where there shall be no laws passed abridging the freedom of speech, expression, and press, those critical of the government have faced threats. “Journalists worked in dangerous and at times deadly environments”
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Article II, Section 1 of the 1987 Philippine Constitution
Senate opens probe of convicts’ release
Last September 02, 2019, the Senate has ordered Bureau of Corrections (BuCor) Director Nicanor Faeldon to attend the public hearing about questionable release of more than a thousand of prisoners convicted of heinous crimes.
Source: https://www.manilatimes.net/2019/09/02/news/headlines/senate-opens-probe-of-convicts-release/609666/
The news article focuses on Bureau of Corrections (BuCor) Director Nicanor Faeldon who said to sign the release order of Antonio Sanchez, a Former Calauan, Laguna mayor who was convicted for rape and murder of UP Los Baños students, Allan Gomez and Eileen Sarmenta in 1993, and more than thousand of other prisoners who convicted of heinous crimes. As per se, the Senate has ordered BuCor Director Nicanor Faeldon to attend the public hearing on September 2, 2019 to answer some allegations about him violating the provisions of the Good Conduct Time Allowance (GCTA) Law in releasing some convicts. Thus, Faeldon said that he didn’t sign any release order. However, Faeldon didn’t show up in public hearing and Senator Franklyn Drilon suggested that Faeldon should be detained if he didn’t give justifiable reason, and until he answers the questions of the senators. Drilon also said that “The release of these over 1,900 prisoners by virtue of the Good Conduct Time Allowance Law is invalid because it did not have the approval of the secretary of Justice,” Drilon said. “Any release of prisoners should be in accordance with the law and proper procedure must always be observed.” Drilon also said that the “The law is very strict on abuses because it involves service of sentence, which is an important part our criminal justice system. If you don’t implement it properly, you are making a mockery of our justice system.” In relation with Article II, Section 1, 1987 Constitution “Sovereignty resides in the people and all government authority emanates from them.”, Senator Ana Theresia “Risa” Hontiveros believes that Faeldon should be fired immediately by President Rodrigo Duterte based on Section 6 of RA 10592, saying that officials who violate the law must be penalized with perpetual disqualification from holding public office and charged with the appropriate administrative and criminal cases.
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Article 2, Section 2, 1987 Constitution. “The Philippines […] adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.”
Duterte: We don’t have sovereignty over our EEZ
Pres. Rodrigo Duterte said on June 26, 2019 that the Philippines cannot exercise sovereignty over its exclusive economic zone (EEZ) as no country in the world has the right to do so.
Source: https://www.gmanetwork.com/news/news/nation/699050/duterte-we-don-t-have-sovereignty-over-our-eez/story/
Though Pres. Duterte’s words have sparked much debate, he does speak truth: under international law, the Philippines only has jurisdiction over its EEZ (beyond 12 nautical miles up to 200 nautical miles). Sovereignty, on the other hand, only rests in the country’s territorial sea (within 12 nautical miles).
This adherence to international law has allowed the talks amongst Philippine and Chinese leaders regarding the Recto Bank issue to remain peaceful up to now. Despite Duterte’s threats of war should China overstep boundaries, he has shown that it will only be because he believes it is the country’s right to take such action, as defined by international politics.
As laws govern the do’s and don’ts of our society, not just on a large scale but on an individual one as well, I believe it is necessary that we learn about them. When we—ordinary citizens—are aware of what can and can’t be done to us, we can recognise violations as they happen to us, as well as what we can do about such cases.
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“Ours is a government of laws and not of men.”
PNP to aid LGU crackdown on road obstructions by Joel Zurbano and Rio Araja
Source: http://manilastandard.net/news/national/300841/pnp-to-aid-lgu-crackdown-on-road-obstructions.html
The article discusses the MMDA’s current 60-day clearing operation as per the Metro Manila Council resolution No. 02-28 (2002). This resolution authorizes the MMDA, National Police, and LGUs to clear public places of all obstructions as well as illegal structures to ensure the smooth flow of traffic in the region.
What the MMDA does, despite receiving criticism from citizens, can be justified by the constitutional law principle “Ours is a government of laws and not of men.” Given that this means that no one is above the law, one may analyze the MMDA’s decision to demolish all the blockage on the sidewalk through the categorical imperative–something a person must do despite the situation. What the MMDA did was universalizable for they did not choose anyone to spare from the demolition if they were beyond a prescribed line. Moreover, humanity was taken into account for they recognized the need of a person to have proper access to roads both for pedestrians and drivers alike.
All in all, while the crass manner in which the problem was addressed may be seen as leaning towards an extreme, the decision of the MMDA to do so is justifiable as well as it aligns with the constitutional principle “Ours is a government of laws and not of men.”
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“Ours is a government of laws and not of men.”
I’m Staying – Faeldon
Source: https://newsinfo.inquirer.net/1160199/im-staying-faeldon
On Tuesday, September 3, Bureau of Corrections Chief Nicanor Faeldon declined filing resignation even after signing a memorandum of release of former Mayor Antonio Sanchez. However, Faeldon claimed he revoked the order because it had received much flak.
Faeldon made these statements in response to Sen. Risa Hontiveros questioning whether he would “stay at his post despite his blunders and failure to answer even simple questions about his duties.” Faeldon also claimed that the memorandum he signed was “not a final release order,” as this had to go through several other offices and through the superintendent before it was enacted.
This news article manifests the saying, “ours is a government of laws and not of men,” because Faeldon refused to step down from his post despite widespread public clamour for him to do so. He still deferred to the laws. Furthermore, the news article shows that the Department of Justice was forced to have a relook at Section 3 of RA 10592. These two scenarios show the superiority of the laws over men, as these officials cannot just make a decision without consulting the constitution.
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BONUS:
Article III, Section 2 of Supra
PNP official: Chinese kidnappers in cahoots with ex-cops, soldiers
Last Sunday, September 01, 2019, an official of the Philippine National Police reported that Chinese kidnapping groups in the country have been hiring former police and military personnel as their henchmen.
SOURCE: https://newsinfo.inquirer.net/1159812/pnp-official-chinese-kidnappers-in-cahoots-with-ex-cops-soldiers
Since 2017, there have been 57 cases of casino-debt related abductions, with the hostages being Chinese nationals targeted by their compatriots. Last Sunday, Maj. Ronaldo Lumactod, operations chief of PNP’s Anti-Kidnapping Group (AKG), said that there’s ongoing manhunt operations against the individuals, former military and police personnel hired by Chinese nationals to act as guides or goons for their illegal activities, specifically casino debt-related kidnappings. Some of these henchmen are claimed ranking officers of the PNP and the Armed Forces of the Philippines when they were still in the service. Moreover, according to PNP-AKG, the kidnappers’ mode of operation involves offers of accommodations and huge loans to Chinese gamblers who are required to sign promissory notes and turn over their passports.
This issue manifests Article III, Section 2, Supra “The right of the people to be secure in their persons, houses, papers and effects… shall be inviolable.” and these hired henchmen who were in the service for the security of the people, had become the ones who make them feel unsafe and unsecured. Hence, to lessen and solve this kind of issue, PNP spokesperson Brig. Gen. Bernard Banac said “Through the Department of the Interior and Local Government, we propose for close coordination and information-sharing between PNP and BI (Bureau of Immigration) for effective monitoring of foreign visitors coming in and out of the country.”
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BONUS
Art. III, Sec. 2, supra: “The right of the people to be secure in their persons, houses, papers, and effects…shall be inviolable.”
CHR probes ‘mistaken arrest’ of journalist in Mindanao
Source: https://newsinfo.inquirer.net/1128757/chr-probes-mistaken-arrest-of-journalist-in-mindanao
Following the false arrest of journalist Margarita Valle in Mindanao, The Commission on Human Rights (CHR) said that it’s to investigate such matter.
“Carrying out arrests must be done with utmost due diligence. The slightest mistake impacts the fundamental rights of the arrested person… Considering the current climate of impunity and growing reports of harassment and red tagging, cases of mistaken identity raise doubts and fears,” said CHR spokesperson Atty. Jacqueline de Guia.
This issue is encompassed by the constitutional principle “The right of the people to be secure in their persons, houses, papers, and effects…shall be inviolable.” The principle implies that people have a right to their privacy, meaning that the government should be banned from attempting unreasonable intrusions.
In the case of Valle, the police are shown to have committed a wrongful arrest and violated the constitutional principle as they (1) arrested the wrong person and (2) arrested by incompetence as was admitted by PNP chief Gen. Oscar Albayalde in his statement: “the institution is still lacking technological capability in verifying intelligence information.”
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BONUS
Article III, Section 2: “The right of the people to be secure in their persons, houses, papers, and effects…shall be inviolable.”
Ex-DFA chief arrested
Source: https://www.philstar.com/nation/2019/08/23/1945647/ex-dfa-chief-arrested
On August 22, 2019, former DFA Secretary Perfecto Yasay Jr. was arrested after a Manila court issued a warrant for his arrest for allegedly violating banking laws. He was accused of violating the General Banking Law and the New Central Bank Act for being involved in a P350-million loan issued by the Banco Filipino Savings and Mortgages Bank. Yasay then posted on Facebook, saying he was being arrested from his house by Manila police officers.
This news article is in accordance with the aforementioned section in the Philippine constitution because the warrant of arrest was made by the Regional Trial Court of Manila based on probable cause. The warrant was issued despite Yasay’s claims that the charges were committed by Banco Filipino officials from 2003 to 2006, while Yasay only joined the bank in 2009.
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Article II Section 16, 1987 Philippine Constitution
“The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”
Justice Reyes: Plea for Kalikasan writ ‘embarrasess’ the Philippines
Associate Justice Andres Reyes said that fisherfolk asking the Supreme Court to compel the government to enforce maritime laws in parts of the West Philippine Sea is an embarrassment as it highlights that the Philippines lacks resources.
Source: https://www.philstar.com/headlines/2019/07/02/1931416/justice-reyes-plea-kalikasan-writ-embarrasses-philippines
This article talks about the issue pleaded by the members of Kalayaan Palawan Farmers and Fisherfolk Association (KPFFA) to the Supreme Court (SC) of the Writ of Kalikasan and Writ of Continuing Mandamus in prevention and prosecution of violations of environmental laws in Philippine waters and exclusive economic zones which was reported on July 2, 2019.
Associate Justice Reyes was quick to argue that the government simply has no budget for the plea and is “embarrassed” that such petitions are made considering that he sees the Philippines as an underdeveloped country, implicating that environmental concerns are in the least of his priorities.
The issuance of this plea began when the Filipino fishermen claims that “Chinese fishermen harvested endangered and threatened species and used cyanide and explosives in their fishing.” These fishermen were represented by Andre Palacios and Chel Diokno for Integrated Bar of the Philippines.
Because of Article II, Section 16, of the Philippine Constitution, the government is compelled to uphold it’s duties by heeding to the needs of its consitituents. In this case, the SC has yet to decide their ruling.
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[Reposting to indicate my name in the submission]
Article II Section 16, 1987 Philippine Constitution
“The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”
Justice Reyes: Plea for Kalikasan writ ‘embarrasess’ the Philippines
Associate Justice Andres Reyes said that fisherfolk asking the Supreme Court to compel the government to enforce maritime laws in parts of the West Philippine Sea is an embarrassment as it highlights that the Philippines lacks resources.
Source: https://www.philstar.com/headlines/2019/07/02/1931416/justice-reyes-plea-kalikasan-writ-embarrasses-philippines
This article talks about the issue pleaded by the members of Kalayaan Palawan Farmers and Fisherfolk Association (KPFFA) to the Supreme Court (SC) of the Writ of Kalikasan and Writ of Continuing Mandamus in prevention and prosecution of violations of environmental laws in Philippine waters and exclusive economic zones which was reported on July 2, 2019.
Associate Justice Reyes was quick to argue that the government simply has no budget for the plea and is “embarrassed” that such petitions are made considering that he sees the Philippines as an underdeveloped country, implicating that environmental concerns are in the least of his priorities.
The issuance of this plea began when the Filipino fishermen claims that “Chinese fishermen harvested endangered and threatened species and used cyanide and explosives in their fishing.” These fishermen were represented by Andre Palacios and Chel Diokno for Integrated Bar of the Philippines.
Because of Article II, Section 16, of the Philippine Constitution, the government is compelled to uphold it’s duties by heeding to the needs of its consitituents. In this case, the SC has yet to decide their ruling.
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BONUS:
Article III, Section 2, 1987 Constitution.
“The right of the people to be secure in their persons, houses, papers, and effects … shall be inviolable.”
Article: PNP urges columnist to file charges vs. cops after wrongful arrest
The Philippine National Police (PNP) encouraged Davao City-based lady columnist to file charges against the police officers who made a wrongful arrest on her at an airport in Misamis Oriental.
Source: https://news.mb.com.ph/2019/06/10/pnp-urges-columnist-to-file-charges-vs-cops-after-wrongful-arrest/
This article talks about the wrongful arrest of a columnist who had a case of mistaken identity. She was picked up with an arrest warrant only to find out that she was not the perpetrator or suspect of the charges: multiple murder and arson that dates back to 2006.
PNP Chief Abayalde mentions in a press conference that if Margarita Valle, the veteran columnist wrongfully arrested, wants to press charges for violations of her rights and complaints about the manner of arrest, he will not hesitate to file charges against his own people. He reiterates that this was an isolated case and should not lead into any similar problems in the future.
Davao Today, the news publication where Valle works as a columnist released a statement about the threat of security for those who will simply be detained and arrested just for a mistaken identity. It was a threat to their sense of security and the impending danger it embodies in the heap of ‘Oplan Tokhang’.
Because of Article III, Section 2 of the 1987 Philippine Constitution, Valle has the right to file charges against the officers who had arrested her after mistakenly identified her as a suspect for murder and arson.
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“Sovereignty resides in the people and all government authority emanates from them…”( Article 2 Section 1 1987 Constitution)
News article: https://www.rappler.com/nation/238890-xi-refuses-recognize-hague-ruling-after-duterte-brings-it-up
During a meeting of Philippine President Rodrigo Duterte with Chinese President Xi Jin Ping, the latter has blatantly refused to acknowledge the Hague ruling.But on July 2016, the arbitral ruling by the Permanent Court of Arbitration, disregarded what the Chinese call the 9-dash line to virtually claim the entire South China Sea.Also discussed by the two heads of state was the joint exploration for oil and gas on the heavily contested West Philippine Sea, and the Code of Conduct for the area in dispute.SC Senior Associate Justice Antonio Carpio has stated that the President must enforce the said ruling, if it meant rallying support from the international community, in addition to deploying more Coast Guard ships, and not just merely mention it.
Issue: The continuous dismissal of the Chinese government to recognize the Hague arbitral ruling, which was in favor of The Philippines against the former’s claim, using their ‘9-dash line’.
In an international standpoint, this is a failed attempt at enforcing a law signed by member nations of the UN, as legally binding. The Arbitration Court must insist, on the Philippines’ behalf, that China concede to the said ruling, as with all other forms of justice. On the other hand, the current administration under the tutelage of President Duterte, must carry out this ruling, as it is the sovereignty that is at stake. How can fisherfolk go on by their daily catch when they are easily t hreatened on their own sea, by forces not of our own? How can we prosper as a nation when we are. being forced into submitting ourselves to something the majority do not agree with?
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“Ours is a government of Laws and not of men.”
News Article: “Sentiments split on SC ruling freeing convicts like ‘beast’ Sanchez”
Retrieved from: https://www.rappler.com/nation/238220-sentiments-supreme-court-ruling-free-convicts
-like-beast-sanchez
Rapist and murderer former mayor Antonio Sanchez is set to be released due to a SC ruling on RA 10592’s retroactivity. The republic act, passed by former president Benigno Aquino, set new guidelines on the computation of the Good Conduct Time Allowance(GCTA) which is then subtracted to the prisoners total prison term. However, the Implementing Rules and Regulations(IRR) indicated that the law would only apply to those jailed after the law passed in 2013. Bilibid prisoners, with help from the Free Legal Assistance Group(FLAG), petitioned to change the provision making the law retroactive, citing that the law discriminates against those who would have benefited from the retroactive application of the law. On 25 june 2019, the Supreme Court unanimously approved of the inmates’ petition and made the law retroactive.
Associate Justice Marvic Leonen said that if the law is prospective only, “it implies that all inmates detained or convicted prior to its effectivity can no longer be rehabilitated for a successful reintegration into society, effectively trampling upon their dignity as human beings.”
Whether or not Sanchez deserves more prison time is a whole different case. However, in accordance with the equal protection clause provided by the constitution, it is true that the prospective application of the law discriminates against those who were jailed before its implementation, Sanchez included.
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Bonus
‘The right of the people to be secure in their persons, houses, papers, and effects
…. Shall be inviolable’ (Art. III, sec. 2, 1987 Constitution)
News Article: Know your rights: Ateneo study cites rights violated in ‘Tokhang’
Retrieved from: https://news.abs-cbn.com/spotlight/04/26/19/know-your-rights-ateneo-study
-cites-rights-violated-in-tokhang
In a study conducted by the Ateneo Human Rights Center(AHRC) entitled “How change rendered human rights more vulnerable: Examining the anti-drug campaign legal framework with a human rights lens,” showed that the Philippine National Police’s “Oplan Tokhang” had violated multiple human rights provided by the constitution. After examining the legal framework of “Project: Double Barrel,” the AHRC found that it had violated the following:
Right to due process
Right to Equal protection of the law
Right Against Unwarranted Searches
Right against Warrantless arrest
Right against self-incrimination
Right to counsel
Right to Presumption of innocence
Right to information
Right to health
The study argued that the “PNP Double Barrel Circular” can serve as the license for Police personnel to do acts that expose “tokhang” subjects to many evils sought to be prevented by the Bill of Rights because of the vagueness and lack of accompanying guidelines.” Such actions made by the police include public naming/shaming, persuading a suspect to sign an affidavit admitting to being either a pusher or a user, and persuasion to surrender.
These violations of human rights are not only abominable but it also proves that Oplan Tokhang is unconstitutional.
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“Sovereignty resides in the people and all government authority emanates from them…”( Article 2 Section 1 1987 Constitution)
Mayor Isko to ban sale of addictive solvents in Manila
Source: https://news.abs-cbn.com/news/09/03/19/mayor-isko-bans-sale-of-solvent-in-manila
On Tuesday, September 3, 2019, Mayor Isko Moreno said that he will ban the sale of addictive solvents in stores in Manila, after apprehending several boys inhaling the the cheap and addictive substances during an inspection in the night. Those caught selling the solvents to minors will be treated as regular pushers according to Mayor Isko.
There is no law that covers the sale of these addicting solvents as it is not specifically mentioned in the Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002, which only mentions marijuana, shabu, ecstasy, opium and opium poppy. Because of this, the article also mentions Mayor Isko saying ““Kung may loophole and batas, lagyan ko ng tsupon,”.
This action by Isko Moreno manifests Article 2 Section 1 1987 Constitution because despite being of government position, he is also a citizen who wishes to better the situation by covering loopholes in our laws, and by also proposing to make a new law as mentioned in the article. This is a showing that sovereignty resides in the people, as the government should always be open to suggestions from the people it governs as long as it is beneficial to the nation.
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Art. II, Sec. 1, 1987 constitution
“Sovereignty resides in the people and all government authority emanates from them.”
DOH-7 sets public hearing to craft IRR of Universal Health Care Law
CEBU CITY, Philippines―The Department of Health in Central Visayas (DOH-7) will hold a public hearing from July 10 to 11 to craft the implementing rules and regulations (IRR) of the Universal Health Care Law.
SOURCE
https://cebudailynews.inquirer.net/242617/doh-7-sets-public-hearing-to-craft-irr-of-universal-health-care-law
The Philippine government is based on the consent of the people. This consent is continuously expressed when the people participate in public elections, uphold the constitution, and engage in the processes by which they can influence public policy. Public hearings for the implementing rules and regulations of laws are one of the ways the public can participate in the later.
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Article II, Sec. 17, 1987 Constitution
“The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.”
Cloak and dagger: Duterte’s record-high 2020 intel budget
President Rodrigo Duterte is asking Congress to authorize P8.28 billion of the government’s proposed P4.1-trillion national budget for 2020 on surveillance alone—the highest during his term so far.
SOURCE: https://news.abs-cbn.com/spotlight/08/30/19/cloak-and-dagger-dutertes-record-high-2020-intel-budget
The government should prioritize giving budget to the education, science and technology, arts and culture but they allocated most of the budget to the PNP, National Intelligence and National Defense then cutting off the budget of DOST and education, implying their priority.
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Article II, Sec. 17, 1987 Constitution
“The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.”
Cloak and dagger: Duterte’s record-high 2020 intel budget
President Rodrigo Duterte is asking Congress to authorize P8.28 billion of the government’s proposed P4.1-trillion national budget for 2020 on surveillance alone—the highest during his term so far.
SOURCE: https://news.abs-cbn.com/spotlight/08/30/19/cloak-and-dagger-dutertes-record-high-2020-intel-budget
The government should prioritize giving budget to the education, science and technology, arts and culture but they allocated most of the budget to the PNP, National Intelligence and National Defense then cutting off the budget of DOST and education, implying their priority.
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Constitutional law principle: “Ours is a government of laws and not of men.”
“Court guided by rule of law, SC says after Arroyo acquittal comment” – July 10, 2019
Source: https://www.philstar.com/headlines/2019/07/10/1933614/court-guided-rule-law-sc-says-after-arroyo-acquittal-comment
This article discusses how the Supreme Court stands firm that it is independent and free from influence of the other branches of government vis a vis Arroyo’s acquittal of plunder, 11-4 in favor of Arroyo, in 2016. The Supreme Court Spokesman Brian Keith Hosaka gave a statement after Arroyo thanked President Duterte for providing the atmosphere to make the acquittal possible in a speech on July 9, 2019.
Hosaka said, “The Supreme Court is guided by the rule of law and its decisions are always based on facts, laws, and reason.” Arroyo was charged with plunder in 2012 during Benigno Aquino III’s term but the Supreme Court said in 2016 that “there was no proof of any amassing or accumulating or acquiring ill-gotten wealth of at least P50 million” and there was still a reasonable doubt so Arroyo was absolved.
This news article shows how the law is above the Supreme Court, as it only interprets the law. However, one might ask if the fact that 8 out of the 11 justices who ruled in favor of Arroyo were appointed by her has something to do with the ruling. For the time being, the judgment stands.
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BONUS
Art. II, Sec. 2, 1987 constitution
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable.
Lorenzana wants 2-month warrantless detention for terror suspects
Metro Manila (CNN Philippines, August 13) — Defense Secretary Delfin Lorenzana wants an extended detention period for suspected terrorists under a warrantless arrest for up to two months.
This will give authorities “enough time to develop their case,” Lorenzana said Tuesday in a Senate hearing on proposed amendments to the Human Security Act. The current maximum detention for a warrantles arrest is three days.
SOURCE: https://cnnphilippines.com/news/2019/8/13/lorenzana-human-security-act-terrorism.html
The Human Security Act as well as its proposed amendments allow authorities to detain “a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism”. However, this provision may violate the constitutional right to security.
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BONUS
TYPE UNDER BONUS -marichu
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| Article III, Section 2, 1987 Constitution
| “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable.”
NBI arrests De Lima’s ‘nephew,’ co-accused in drug case
– August 16, 2019
On Friday morning, the National Investigation Bureau (NBI) arrested an alleged nephew of Senator Leila De Lima in connection with a drug case now faced by the detained senator. Jose Adrian Dera or Jad, who allegedly conspired with De Lima to sell illegal drugs at the national penitentiary in Muntinlupa, was arrested at 5:30 am, Friday, in his house in Pampanga province, said his lawyer Raymund Palad.
Dera was also accused by New Bilibid Prison inmates Hans Tan and Peter Co of orchestrating the arrest of the latter’s niece on drug charges and demanding millions of pesos and vehicles in exchange for her release. However, De Lima said she does not know Dera.
NBI Spokesman Ferdinand Lavin said Dera was arrested by the NBI’s Special Task Force under Chief Gerald Geraldo. “Special Task Force under Chief Geralde arrested this morning in Angeles, Pampanga by virtue of Arrest Warrant issued by Muntinlupa RTC Jose Adrian Dera, co-accused of Sen. De Lima in a drugs case,” Lavin said. Dera will be brought to the NBI headquarters in Manila.
Source: https://newsinfo.inquirer.net/1154422/nbi-arrests-de-limas-nephew-co-accused-in-drug-case
The report showed that a warrant of arrest must first be acquired from the Court before police could enforce an action, legally against Dera. The NBI’s Special Task Force needs to submit a written affidavit to a judge in order to receive a warrant. The affidavit, provided under oath, must recite adequate factual data to determine the likely cause of the crime committed. In this event, by virtue of arrest warrant issued by the Muntinlupa Regional Trial Court (RTC), was necessary in accordance to the constitutional provision indicated above, Article III, Sec. 2.
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BONUS
Constitutional law principle: “The right of the people to be secure in their persons, houses, papers, and effects… shall be inviolable… no search warrant or warrant of arrest shall issue except upon probable cause. ” (Art. III, Sec. 2, supra).
“Arrest warrant out against gunman accused of killing Mandaue bar bouncer” – April 27, 2019
Source: https://cebudailynews.inquirer.net/230541/arrest-warrant-out-against-gunman-accused-of-killing-mandaue-bar-bouncer
The gunman of the bar bouncer Jun-Jun Laroa, who was killed in Mandaue City on November 2018, was identified. Judge Joe Nowel C. Lawas from the Regional Trial Court issued the arrest warrant on April 15, 2019, against Jericho Acob. Acob was seen in the security camera footage firing shots at Laroa, which serves as the proof.
This is in accordance with the constitutional law principle, as a probable cause is first needed to issue an arrest warrant, and one cannot get arrested right away without the said requirements.
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BUNOS:
“All are created equal, endowed by their Creator with certain alienable rights, that among these are Life, Liberty, and the pursuit of Happiness…”
https://www.rappler.com/nation/239305-fight-for-same-sex-marriage-philippines-alive-despite-supreme-court-ruling
With the recent decision of the Supreme Court to dismiss Atty. Jesus Falcis’ petition for the recognition of same-sex marriages in the Philippines, another blow has been sent thru the confines of the LGBT+ community, thereby reinforcing the discrimination the said minority faces, although the proponent himself has not filed for a marriage license himself.
The dismissal was unclear if it was due to ‘technicalities’, or the fact that some of the justices are not aligned to allow the said proposal.
Associate Justice Marvic Leonen, who penned the ruling, said that the Constitution has no provision to ban same-sex marriage, and would give an opportunity for those that might execute the same proposal later on.
Despite this, the proponents, as well as their supporters are positive that this will be one step towards the recognition in the future.
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REGULAR
TYPE UNDER REGULAR EXERCISE
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| Article II, Section 1, 1987 Constitution
| “Sovereignty resides in the people and all government authority emanates from them.”
Senator seeks probe on spread of fake medicines in PH
– August 13, 2019
A senator sought an investigation into the prevalence of counterfeit medicines in the country.
According to the report, there is a spread of locally-manufactured counterfeit over-the-counter medicines and anti-tuberculosis medicine in the country. In 2018, the Food and Drug Administration (FDA) warned the public against counterfeit Biogesic paracetamol tablets in the market. FDA has previously seized weight loss products, erectile dysfunction medicine, and other illicit medicine worth US $125,000 (roughly P6.51 million).
Senator Ralph Recto on Monday filed a Senate resolution following the recent report of the United Nations Office on Drugs and Crime (UNODC) that the Philippines has the highest incidences of fake medicines in Southeast Asia. UNODC said majority of the pharmaceutical crime incidents in Southeast Asia from 2013 to 2017 happened in the Philippines, with 193 incidents. Pakistan, China, and India are the most referred origins of falsified medicines globally.
Recto said the Senate investigation aims to explore the problem in order to propose remedial measures that will enable the FDA and law enforcement agencies to fix this issue. President Rodrigo Duterte in 2018 ordered the police to arrest those who manufacture and sell fake medicines.
Source: https://www.cnnphilippines.com/news/2019/8/13/Fake-medicine.html
In this news article, Ralph Recto being a senator (Pro-Tempore) is mandated to address this particular national issue – of international concern – by filing a resolution seeking an investigation into the sale of fake medicines in the Philippines. He said the UN agency report was a cause for “alarm and action.” Citing a United Nations Office on Drugs and Crime report. He is both a citizen and a Philippine government official tasked to ensure the health security of the people – and this investigation emanated that authorities are not only limited to national issues but to issues called on by the international bodies as well.
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“Ours is a government of law and not of men”
Malacañang on possible Antonio Sanchez release: ‘We can’t do anything’
August 22, 2019
Source: https://www.rappler.com/nation/238289-malacanang-response-possible-release-antonio-sanchez
Malacañang stated that it will not involve itself in the good conduct provisions of the law under which Sanchez is jailed.
This means that the government must act in accordance with the law and not in accordance with any one person or official. However, such a policy statement is unnecessary because the law dictates that Sanchez cannot be granted certain freedoms. The President is subsuming the power of the law rather than allowing the law to be carried out as it is written.
This is an example of how the government should be run by the law and not by individuals through their personal wants.
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Bonus:
“All are created equal, endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty, and pursuit of Happiness.”
Groups to QC gov’t: Enforce anti-discrimination ordinance – August 14, 2019
https://www.google.com.ph/amp/s/amp.rappler.com/move-ph/237716-groups-statements-quezon-city-enforce-anti-discrimination-ordinance
Questions have been raised about the enforcement of the anti-LGBT discrimination ordinance of QC. Following the recent detainment of transwoman Gretchen Diaz, LGBT groups have called for better enforcement of the ordinance.
Everyone is born with inalienable rights, including the right to safe spaces. Enforcing this ordinance properly would guarantee the QC government’s commitment to securing the right to safe spaces for LGBT persons.
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“Ours is a government of laws and not of men.”
DOJ to stop deportation for freed chinese drug lords
Source:https://www.philstar.com/headlines/2019/09/04/1948922/doj-stop-deportation-process-freed-chinese-drug-lords
The article is basically about the Department of Justice’s (DOJ) decision of halting the deportation proceedings for Chen Tzi Chang, Chan Chit Yue, Kin San Ho, Ching Che, and Wu Hing Sum–the five convicted Chinese drug traffickers who were freed in April and June 2019 on account of good behavior–and putting them back to jail after it was found that their release violated the Omnibus Election Code and Resolution 10429 of the Commission on Elections, a “resolution issued in September 2018 that set March 14 to June 12, 2019 as a period when the release and/or transfer of prisoners are prohibited.”
This is an example of the principle “ours is a government of laws and not of men” because: (a) this particular case shows that no one is above the law for no special treatment was given to the five drug lords despite the fact that they’re Chinese nationals; and (b) the DOJ’s decision of halting the deportation proceedings for the said drug traffickers and putting them back to jail after it was found that their release violated the resolution shows a strict observance of the law.
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(JUST SUBMITTING THIS AGAIN)
“Ours is a government of laws and not of men.”
DOJ to stop deportation for freed chinese drug lords
Source:https://www.philstar.com/headlines/2019/09/04/1948922/doj-stop-deportation-process-freed-chinese-drug-lords
The article is basically about the Department of Justice’s (DOJ) decision of halting the deportation proceedings for Chen Tzi Chang, Chan Chit Yue, Kin San Ho, Ching Che, and Wu Hing Sum–the five convicted Chinese drug traffickers who were freed in April and June 2019 on account of good behavior–and putting them back to jail after it was found that their release violated the Omnibus Election Code and Resolution 10429 of the Commission on Elections, a “resolution issued in September 2018 that set March 14 to June 12, 2019 as a period when the release and/or transfer of prisoners are prohibited.”
This is an example of the principle “ours is a government of laws and not of men” because: (a) this particular case shows that no one is above the law for no special treatment was given to the five drug lords despite the fact that they’re Chinese nationals; and (b) the DOJ’s decision of halting the deportation proceedings for the said drug traffickers and putting them back to jail after it was found that their release violated the resolution shows a strict observance of the law.
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